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Smith, William Nevel. "A critical examination of the income tax provisions relating to the taxation of foreign income of residents as defined." Thesis, Nelson Mandela Metropolitan University, 2004. http://hdl.handle.net/10948/d1019676.
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The Budget speech of 23 February 2000 by the Minister of Finance marked the introduction of significant changes to the income tax system of the Republic of South Africa (Republic). A residence-based system of taxation (RBT) was adopted for years of assessment commencing on or after 1 January 2001 and Capital Gains Tax (CGT) was introduced with effect from 1 October 2001. According to the 2000 Budget Review a move to a residence-based system would significantly broaden the tax base, limit opportunities for tax arbitrage and bring the tax system in line with generally accepted international practice. The relaxation of exchange controls for South African residents with effect from 1 July 1997 made it possible for residents to invest limited funds offshore. The Fifth Interim Report of the Katz Commission suggested that if exchange controls were relaxed, the taxation of active income should remain on a source basis, but that passive income should be taxed on a residence basis. As a result deemed source rules in the form of section 9C and 9D were introduced into the Act with effect from 1 July 1997 and applied to “investment income” as defined. Section 9C taxed investment income of both residents and non-residents (from activities carried on by a permanent establishment in the Republic). Section 9D taxed investment income of controlled foreign entities and investment income arising from donations, settlements or other dispositions in the hands of residents. The taxation of foreign dividends with effect from 23 February 2000 as a first phase in the move to a residence based system, lead to the introduction of s 9E. Foreign Dividends were taxed in the hands of residents subject to certain exemptions. The basic interest exemption was extended to foreign dividends. Section 6quat was revised to extend the rebate to foreign dividends and profits of a company from which dividends were declared. Section 9D was amended to cater for foreign dividends received by or accrued to controlled foreign entities. The implementation of a full residence-based system of taxation with effect from years of assessment commencing on or after 1 January 2001 required amendments to various sections of the Income Tax Act as well as the introduction of new sections. A residence minus system was adopted which means that residents as defined are now taxed on their world- wide income with certain exemptions. Non-residents are taxed on their income from sources within or deemed to be within the Republic. The provisions relating to the taxation of foreign income of residents is complex; adding to the complexity is the fact that several changes have already been made to these provisions since the inception of the world-wide basis of taxation. The provisions must also be interpreted against the background of any double taxation agreement (DTA) between the Republic and the relevant foreign country as the applicable DTA may override the Republic domestic legislation. For purposes of this treatise the amending Acts enacted up to the end of December 2003 are taken into account. Hardly five years after the Katz commission of inquiry into the tax structure concluded that RBT and CGT were too complicated to be administered by SARS, the implementation of RBT and CGT were announced in the 2000 Budget. A detailed examination of the provisions relating to foreign income of residents as defined was undertaken. Interpretational issues to be clarified by legislation and certain planning issues are highlighted. It is essential to understand and carefully consider the Republic tax laws and the relevant double taxation agreements, for the successful application of the provisions. Careful planning before concluding transactions is of vital importance in order to avoid or minimize any unwanted tax consequences resulting from the RBT and CGT provisions.
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Mkabile, Nwabisa. "An analysis of the tax consequences of the double tax agreement between South Africa and the Democratic Republic of Congo." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017539.
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As a result of the different tax systems adopted by countries, foreign-sourced income earned by taxpayers may be subject to double taxation. This may therefore impede cross-border trade and investment. Double taxation relief is provided unilaterally, in terms of a country’s domestic laws or bilaterally in terms of Double Taxation Agreements. South African residents earning income from the Democratic Republic of Congo may be subject to tax in both countries. To eliminate such double taxation the South African Income Tax Act, No 58 of 1962, provides for unilateral relief from double taxation in the form of exemptions, rebates and deductions. The double tax agreement between South Africa and the Democratic Republic of the Congo came into effect recently and double taxation relief for South African residents is now also available in terms of tax treaty law. The objective of the research was to determine whether the combination of the unilateral measures and the double tax agreement provide relief in respect of all types of income earned by South African residents in the Democratic Republic of the Congo. It was concluded that the double tax agreement, together with the unilateral relief provided for in the Income Tax Act will grant relief for all types of income earned by South African residents in the Democratic Republic of the Congo.
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Simionato, Greta <1997>. "Do countries corporate income tax policy affect foreign subsidiaries financing decisions?" Master's Degree Thesis, Università Ca' Foscari Venezia, 2022. http://hdl.handle.net/10579/22010.
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Most countries in the world allow for the deduction of interest payment from the computation of the tax base used for the application corporate income taxation. The same treatment is not afforded to dividends, thus introducing a debt bias with considerable consequences for the capital structure of firms and for their financing decision. In light of the role played by excessive leverage in the Great Financial Crisis, many – including the IMF and the European Commission - are advocating for an equal corporate tax treatment of equity and debt. To this aim, a few countries have introduced Allowances for Corporate Equity. The dissertation has as its objective the investigation of the effects that these different corporate income tax policies have on the financing decision of foreign subsidiaries.
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Azzi, John. "The role of CFC legislation in protecting Australia's domestic income tax base." Thesis, The University of Sydney, 1997. http://hdl.handle.net/2123/20011.
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Ong'wamuhana, Kibuta. "The taxation of income from foreign investments : a case study of some developing countries." Title page, contents and abstract only, 1989. http://web4.library.adelaide.edu.au/theses/09LM/09lmo58.pdf.
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Mudenda, Lackson Daniel. "Corporate Income Tax Rate and Foreign Direct Investment : The Case of Southern African Economies." Thesis, Umeå universitet, Nationalekonomi, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-106899.
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De, Abreu Jeannine Netto. "A suggested interpretation note for section 9D of the Income Tax Act / J.N. De Abrea." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4476.
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Controlled foreign company ('CFC') legislation was introduced in phases to co-incide with South Africa?s move from a source based system to a residence based system. Initially with the introduction of the legislation it was directed at those foreign entities earning passive income. However, over the years the legislation has been amended to include active income of entities and additional aspects to the section have been inserted to provide clarity for taxpayers.
An increase in cross border transactions and offshore investment has necessitated the need to introduce CFC legislation into the revenue codes of many countries, South Africa being one of them.
In most revenue codes where CFC or similar legislation has been introduced it is one of the most complex areas in a country's revenue code (Sandler, 1998:23). This mini-dissertation aims to interpret section 9D and also aims to provide guidance on its application in practice with the help of practical examples and reference to relevant international case law.
The end result of this research is a proposed interpretation note on section 9D which is attached as Appendix 1.Thesis (M.Com. (Tax))--North-West University, Potchefstroom Campus, 2011.
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Fourie, Susanna Janine. "The treatment of section 24J instruments denominated in a foreign currency with regard to the categorisation as fixed or variable rate instruments and the interaction between section 24J, section 25D (foreign currency translation rules) and section 24I (gains and losses on foreign exchange transactions)." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/18626.
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Section 24J is regarded to be one of the most complex provisions in the Income Tax Act No. 58 of 1962. This study specifically focuses on the income tax treatment of section 24Jinstruments denominated in a foreign currency, specifically with regards to whether such instruments are fixed or variable rate instruments for purposes of section 24J and the interaction between section 24J, section 25D (foreign currency translation rules) and section 24I (gains and losses on foreign exchange transactions).The basic concepts surrounding the incurral and accrual of interest for income tax purposes, as well as of some of the general issues faced when section 24J is practically applied are discussed. Importantly it is found that although the definition of 'instrument' includes all debt instruments, regardless of whether such instruments are interest-bearing, the application of section 24J would have no impact on the issuer or holder of an instrument that is a non-interest bearing debt instrument. Also, the section 24J definition of 'interest' is wider than the common law meaning of the same term. However, as 'interest'is defined with reference to itself, the common law meaning is still very relevant. It is confirmed that section 24J poses various interpretational uncertainties which are especially highlighted when some of the key provisions of section 24J are applied in determining the interest accrual amounts based on the yield to maturity method. Applying the rules of statutory interpretation and with the aid of hypothetical examples, itis argued that foreign exchange rates would fall within the definition of a variable rate for purposes of section 24J. However, an instrument denominated in a foreign currency would be regarded as a fixed rate instrument to the extent that the amounts payable are fixed amounts specified in the applicable foreign currency or the calculation of the amount payable in the applicable foreign currency does not involve the application of a 'variable rate' (as defined).Further is it argued that section 24J merely provides for a single accrual or incurral event during each year of assessment in relation to each instrument. Therefore, where accrual amounts be denominated in a foreign currency it should be translated at the spot rate on the last day of the year of assessment (or on the date of redemption/transfer in the instance where the instrument was transferred/redeemed during the year of assessment) for purposes of determining the sum of the accrual amounts to be included in taxable income. It is also argued that the timing of the accrual and incurral of interest amounts in terms of section 24J is applied in establishing the 'transaction date' of the interest amount owing for purposes of determining 'exchange differences' at the end of any year of assessment in terms of section 24I.
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Naidoo, Linton. "An analysis of the effect of the amendments to the taxation of foreign non-South African employment income." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30915.
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When South Africa moved from a source based to a residence based system of taxation on 1 March 2001, all South African residents were now being subject to tax on their world-wide income. Residents working outside the Republic were then at risk of being taxed twice on the employment income derived because of South Africa’s residence basis system of taxation. The section 10(1)(o)(ii) of the Income tax Act No. 58 of 1962 (“IT Act”) exemption was the relief mechanism for residents to prevent the possibility of double taxation on the employment income derived from working outside the Republic. As from the 1st of March 2020, Parliament has amended section 10(1)(o)(ii) of the IT Act. The section is amended so that foreign employment income should not be fully exempt in the hands of a resident. Section 10(1)(o)(ii) of the IT Act currently exempts in full, the foreign employment income derived by a resident subject to certain requirements as per the section. The amendment seeks to exempt the first one million rand (R1m) of a residents’ employment income earned outside of the Republic. Foreign employment income in excess of R1m will be taxed in the Republic, applying the normal tax tables for that particular year of assessment. All other requirements of section 10(1)(o)(ii) will not be affected by the amendment, therefore residents will still be required to fulfil the other requirements of the section such as to spend more than 183 and at least 60 continuous full days outside of the Republic rendering employment services during any 12-month period in order to qualify for the exemption. The primary reason for the amendment of section 10(1)(o)(ii) is to prevent situations where employment income is neither taxed in the foreign country nor in South Africa, i.e. double non-taxation, or where foreign taxes are imposed at a significantly reduced rate on employment income derived from working outside the Republic. The amendment of section 10(1)(o)(ii) exemption will negatively affect a resident earning in excess of R1m and working in a tax free or low tax jurisdiction. There are a few alternatives available to affected residents working outside the Republic such as: 1. Seek relief via section 6quat of the IT Act, which is a tax credit on foreign taxes paid. 2. Apply the relevant Articles of a Double Taxation Agreement (“DTA”) between South Africa and a source country in order to seek relief for juridical double taxation. 3. Immigrate and become a non-resident, which will trigger a deemed disposal for capital gains tax purposes in terms of section 9H(2) of the IT Act.
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Brähler, Katharina. "Controlled Foreign Companies-Rules : eine steuersystematische Analyse im Rahmen eines Ländervergleichs unter Berücksichtigung der Vereinbarkeit mit den Doppelbesteuerungsabkommen und dem europäischen Gemeinschaftsrecht /." Frankfurt am Main ; New York : P. Lang, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015439584&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Wessels, Jacques. "The tax implications of non-resident sportspersons performing and earning an income in South Africa." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1003719.
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As the number of non-resident sports persons competing in South Africa increases so does the need to tax them more effectively. It was for this reason that the South African legislature decided to insert Part IlIA into the Income Tax Act which regulates the taxation of non-resident sports persons in South Africa. The new tax on foreign sports persons, which came into effect during August 2006, is a withholding tax placing the onus upon the organizer of the event to withhold the tax portion of the payment to the non-resident sportsperson and pay it over to the revenue services. The rate of taxation has been set at 15 percent on all amounts received by or accruing to a foreign sportsperson. The question which the research addressed is whether this new tax will prove to be an effective tax, both from the point of view of its equity and the administration of the tax. In order to determine the impact of the new tax, it was compared to similar taxes implemented in the United Kingdom and Australia and also to other withholding taxes levied in South Africa. The new tax was also measured against a theoretical model for effectiveness, compared to the pre-August 2006 situation and to the taxation of resident sportsmen and women, using hypothetical examples. The major shortcomings of the new withholding tax are the uncertainty with regard to the intention of the legislature on matters such as the taxation of capital income versus revenue income, the question whether payments to support staff are included in the ambit of the new tax, the taxation of the award of assets in lieu of cash payments and the definition of a resident. A further area of concern is that the rate of taxation of 15 percent appears to be too low and creates horizontal inequity between the taxation of resident and non-resident sports persons. The new tax on non-resident sports persons may have its shortcomings but, depending upon the administrative and support structures put in place to deal with it, will be an effective tax. The rate at which the tax is levied could result in a less tax being collected than before but, with the reduced administrative cost of tax collection, the effective/statutory ratio of the tax could well be much higher than it was. This is a new tax in South Africa and certain initial problems are inevitable and will undoubtedly be solved as the administrators gain experience and as the case law governing this tax develops.KMBT_363
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Struwig, Sybrand Johannes. "A comparative study of income tax legislation for foreign oil and gas companies investing in Africa." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26424.
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The oil and natural gas industry worldwide has become one of the most important commodities due to its value in use and dependency in our modern lifestyle. Countries with rich oil and natural gas reserves has shown to exploit these resources to the country's economic benefit. South Africa has in the past not been part of the big oil and natural gas producing countries of the world. But recent discoveries of possible shale gas reserves in the Karoo Basin attracted interest by foreign oil and gas companies with the potential that South Africa has as an oil and natural gas producing country. The purpose of this study is to compare the South African income tax law and regulations with that of the Republic of Equatorial Guinea, which arguable can be seen as one of the world's big oil and natural gas producing countries. The study firstly develops an understanding of each of the two countries' oil and natural gas industries and thereafter compares the two countries income tax laws, the income tax system and collection method of the income tax revenues. The study then concludes on the status of the South African income tax regime in comparison to the Republic of Equatorial Guinea's income tax regime. The introduction of the Tenth Schedule to the South African Income Tax Act (58/1962) has brought the income tax laws in South Africa in line with international practice. Consideration should be given to broadening the income tax revenue collection methods in order to broaden the tax base for South Africa. AFRIKAANS : Die olie en natuurlike gas industrie wêreldwyd het een van die mees belangrike kommoditeite geword as gevolg van die waarde en afhanklikheid wat dit het vir ons moderne leefstyl. Lande met ryk olie en natuurlike gas reserwes het bewys dat die gebruik daarvan tot voordeel van 'n land se ekonomiese groei kan lei. Suid-Afrika het in die verlede nie as een van die wêreld se reuse in olie en natuurlike gas produksie getel nie. Maar met die onlangse ontdekking van moontlike skalie gas reserwes in die Karoo Kom het belangstelling van buitelandse olie en gas maatskappye gelok in die potensiaal wat Suid-Afrika het om 'n olie en natuurlike gas produserende land te wees. Die doel van die studie is om 'n vergelyking te tref tussen Suid-Afrika se inkomste belasting wette en regulasies met die van die Republiek van Equatoriaal Guinea, wat gesien kan word as een van die reuse van die wêreld as dit kom by olie en natuurlike gas produserende lande. Die studie skets eerstens 'n agtergrond van die twee lande se olie en natuurlike gas industrieë en daarna vergelyk die studie die twee lande se inkomste belasting wette, die inkomste belasting stelsels en invorderings metodes van die inkomste belasting. Die studie kom dan tot 'n gevolgtrekking oor die status van die Suid-Afrikaanse inkomste belasting omgewing teenoor die Republiek van Equatoriaal Guinea se inkomste belasting omgewing. Die bekendstelling van die Tiende Skedule tot die Inkomste Belasting Wet (58/1962) het die Suid-Afrikaanse inkomste belasting wet in lyn gebring met internasionale inkomste belasinvorderings metodes van die inkomste belasting te verbreed om sodoende die belastingbasis te vergroot.ting wette. Oorweging moet geskenk word aan die invorderings metodes van die inkomste belasting te verbreed om sodoende die belastingbasis te vergroot.Dissertation (MCom)--University of Pretoria, 2012.
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Wiese, Adelle. "Artikel 9C van die inkomstebelastingwet met spesiale verwysing na aktiewe en passiewe inkomste." Thesis, Stellenbosch : Stellenbosch University, 1998. http://hdl.handle.net/10019.1/50898.
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Thesis (MComm)--Stellenbosch University, 1998.ENGLISH ABSTRACT: In the Fifth Interim Report of the Katz Commission recommendations were made on a number of fundamental tax issues, including the distinction between the source and residence principle. The Commission decided that the source principle should remain but that a distinction between "active" and "passive" income should be made. "Active" income should then be taxed on the source principle and "passive" income on the residence principle. With effect from 1 July 1997 exchange controls for South African residents were softened, which meant that South Africans could thereafter invest in foreign countries to a limited extent. To protect the South African tax base, sections 9C and 90 were incorporated in the Income Tax Act with effect from 1 July 1997. Section 9C regulates the taxation of investment income earned in foreign countries. The main purpose of this study was to investigate the taxation of foreign investment income in South Africa. For this purpose a critical analysis of section 9C was done within the context of the recommendations made by the Katz Commission in their Fifth Report. The focus of the study was aimed at the requirements for the exclusion of so-called active investment income according to section 9C(3)(a). In the analysis of section 9C it was necessary to determine where the terms used in the section were derived from. The terms which are not new in the South African tax context were analysed based on the opinions of tax specialists and national case law. The terms which are new in the South African tax context were mostly derived from international models of tax conventions and foreign tax codes. These were analysed according to the use thereof mainly in the Model Tax Convention on Income and on capital of the Organisation for Economic Co-operation and Development and the Commentaries thereon. The critical analysis of section 9C also included the applicability of the section on other sections in the Income Tax Act, a brief commentary on section 90 and the relief provided to taxpayers where the section leads to double taxation. The ability of the South African Revenue Service to collect the tax, the effect of the tax on immigrants and the effect of the electronic future on the tax were also investigated. The conclusion arrived at in this study is that most of the terms in section 9C are based on internationally used terms and could be analysed according to international tax conventions and case law. The South African Revenue Service will have to provide guidelines for the uncertainties and provide measures to rectify the irregularities and inconsistencies found in the section. In the light of further examinations to be done by the South African Revenue Service, based on the recommendations of the Katz Commission in their Fifth Report, section 9C provides a set of internationally accepted principles as a solid base for future regulation.
AFRIKAANSE OPSOMMING: Die Katz-kommissie het in die Vyfde Interim Verslag aanbevelings aangaande 'n aantal fundamentele belastingkwessies, insluitend die onderskeid tussen die bron- en verblyf-grondslag, gemaak. Die Kommissie het tot die gevolgtrekking gekom dat die bron-grondslag behou moet word, maar dat daar 'n onderskeid tussen "aktiewe" en "passiewe" inkomste gemaak moet word. "Aktiewe" inkomste moet dan op die bron-grondslag belas word en "passiewe" inkomste op die verblyf-grondslag. Met ingang 1 Julie 1997 is die valutabeheermaatreels vir Suid-Afrikaanse inwoners verslap wat beteken het dat Suid-Afrikaners voortaan tot 'n beperkte mate in die buiteland beleggings kan maak. Om die Suid-Afrikaanse belastingbasis in die tussentyd te beskerm is artikels 9C en 9D met ingang 1 Julie 1997 tot die Wet gevoeg. Artikel 9C reguleer die belasting van beleggingsinkomste uit buitelandse bronne. Die hoofdoel van hierdie studie was om die belasting van beleggingsinkomste uit buitelandse bronne in Suid-Afrika te ondersoek. 'n Kritiese analise van artikel 9C is gedoen binne die konteks van die voorstelle gemaak deur die Katz-kommissie in die Vyfde Verslag. Die klem van die studie het op die vereistes vir die uitsluiting van sogenaamde aktiewe beleggingsinkomste in artikel 9C(3)(a) geval. Tydens die ontleding van artikel 9C was dit noodsaaklik om vas te stel waar die terme wat in die artikel gebruik is, ontstaan het. Die terme wat nie vir die eerste maal in die Suid-Afrikaanse belastingkonteks gebruik is nie, is ontleed na aanleiding van die menings van Suid-Afrikaanse belastingspesialiste en nasionale regspraak. Die nuwe terme kom meesal in internasionale modelle van belastingkonvensies en buitelandse belastingkodes voor. Die terme is hoofsaaklik ontleed na aanleiding van die gebruik daarvan in die Model Tax Convention on Income and on capital of the Organisation for Economic Cooperation and Development. Die kritiese ontleding van artikel 9C het die toepaslikheid van die artikel op ander afdelings in die lnkomstebelstingwet, 'n kortlikse verwysing na artikel 9D en die verligting beskikbaar aan belastingpligtiges ten opsigte van dubbele belasting, ingesluit. Die invorderbaarheid van die belasting, die effek van die belasting op immigrante en die effek van die elektroniese toekoms op die belasting is ook ondersoek. Die slotsom waartoe die skrywer in hierdie studie gekom het, is dat meeste van die begrippe in artikel 9C internasionaal verstaanbaar is en ontleed kon word, wat die Wet wereldwyd meer aanvaarbaar en verstaanbaar behoort te maak. Die Suid-Afrikaanse lnkomstediens sal egter riglyne ten opsigte van die onduidelike begrippe moet verskaf en die nodige ongelykhede en inkonsekwenthede in die Wet moet regstel. In die lig van verdere ondersoeke deur die Suid-Afrikaanse lnkomstediens, na aanleiding van die voorstelle deur die Katz-kommissie in die Vyfde Verslag, verskaf artikel 9C 'n stel internasionaal aanvaarde beginsels waarop toekomstige regulasies gebaseer sal kan word.
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Antenucci, Joseph William. "An investigation of the effects of complexity in federal income tax laws on the compliance of nonresident students." Diss., This resource online, 1993. http://scholar.lib.vt.edu/theses/available/etd-06062008-171754/.
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Schendra, Mihai, and Aleksandar Zahariev. "The Corporate Tax Effect on Inflows of Foreign Direct Investment: The case of OECD countries." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Economics, Finance and Statistics, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15977.
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There is a reasonable amount of literature and discussions among scholars on the effect of host country corporate taxation on the inflows of foreign direct investment (FDI). This study is an attempt to analyse this effect in 25 high income OECD countries over the period of 1996 until 2009. The main objective of the paper is to prove statistically whether there is significant and negative relationship between the inflows of FDI and corporate taxation in the selected sample of OECD countries during the specified time span. This relationship is investigated with OLS regression analysis with pooled panel data to find to what extent the selected explanatory variable effective tax rate (ETR) along with trade openness, long term interest rate, share of internet users and labour cost have an impact on the dependent variable - FDI relative to GDP. Finally, it is proved that the elasticity between corporate taxation and FDI is positive at a level below the average effective tax rate and negative above the average level of effective tax rate. In addition, all other important variables included in the regression model are found to be significant determinants of FDI. The study is based on relevant literature and the statistical analysis is made in regard to the models described in scientific articles in the paper.
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Brähler, Katharina. "Controlled Foreign Companies-Rules : eine steuersystematische Analyse im Rahmen eines Ländervergleichs unter Berücksichtigung der Vereinbarkeit mit den Doppelbesteuerungsabkommen und dem Europäischen Gemeinschaftsrecht /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/zbw/518363880.pdf.
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Van, Schaik Rozelle. "A critical analysis of the concepts permanent establishment and foreign business establishment." Thesis, Stellenbosch : Stellenbosch University, 2010. http://hdl.handle.net/10019.1/21139.
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Thesis (MAcc)--Stellenbosch University, 2010.ENGLISH ABSTRACT: The Income Tax Act, Act 58 of 1962 (‘the Act’) currently defines a permanent establishment in section 1. The definition of a permanent establishment in the Act refers to article 5 of the Model Tax Convention on Income and on Capital of the Organisation for Economic Co- Operation and Development. The existence of a permanent establishment in a tax jurisdiction determines the right of the jurisdiction to tax the profits of the permanent establishment. The concept foreign business establishment was inserted into section 9D of the Act by clause 10(1)(a) of the Revenue Laws Amendment Act, Act 59 of 2000. Section 9D is an antiavoidance provision, which determines that certain foreign-sourced income generated by South African controlled foreign companies are subject to tax in South Africa. The concept foreign business establishment is one of the exclusions from the anti-avoidance provisions in section 9D. The Revenue Laws Amendment Act, Act 59 of 2000, replaced all references to the concept permanent establishment with a reference to the newly introduced concept foreign business establishment in section 9D(9)(b) of the Act. The Explanatory Memorandum on the Revenue Laws Amendment Bill, 2000 (SARS 2000:1-12) does not provide a reason for the replacement of the concept permanent establishment. The objective of this study was to analyse and compare the concepts permanent establishment and foreign business establishment in order to make recommendations regarding the required additions and amendments to replace the concept foreign business establishment with the internationally recognised and accepted concept permanent establishment. The proposed replacement of the concept foreign business establishment with an internationally recognised and accepted tax concept will enhance the international compatibility of the Act. The use of an internationally recognised and accepted tax concept will provide clarity and certainty regarding the tax implications of section 9D(9)(b) for those affected by it. It was found that the concepts permanent establishment and foreign business establishment are used in different contexts within the Act. The concepts also apply to different types of taxpayers in different situations. The two concepts have, however, the same objective, being the identification of criteria for the existence of legitimate and substantive business activities in the foreign tax jurisdiction. A comparison between the definitions of the two concepts reveals that there are various components in the definitions with the same wording and meaning. After a detailed comparison between the two definitions it was found that, subject to some suggested additions and amendments, the internationally recognised and accepted concept permanent establishment can replace the concept foreign business establishment in section 9D(9)(b) of the Act without having a material impact on the objective of section 9D(9)(b). This replacement is possible due to the mutual objective of and similar components contained in the definitions of the concepts permanent establishment and foreign business establishments.
AFRIKAANSE OPSOMMING: Die Inkomstebelastingwet, Wet 58 van 1962 (‘die Wet’) definieer ’n permanente saak in artikel 1. Die definisie van ’n permanente saak verwys na artikel 5 van die ‘Model Tax Convention on Income and on Capital of the Organisation for Economic Co-Operation and Development’. Die bestaan van ’n permanente saak in ’n belastingjurisdiksie bepaal die reg van die belastingjurisdiksie om die winste van die permanente saak te belas. Die begrip buitelandse besigheidsaak is deur artikel 10(1)(a) van die Wysigingswet op Inkomstewette, Wet 59 van 2000 in die Wet ingesluit. Artikel 9D is ’n teenvermydingsbepaling wat bepaal dat sekere inkomste vanaf ’n buitelandse bron gegenereer deur ’n Suid-Afrikaans beheerde buitelandse maatskappy in Suid-Afrika belas word. Die begrip buitelandse besigheidsaak is een van die uitsluitings van die teenvermydingsbepaling in artikel 9D. Alle verwysings in artikel 9D(9)(b) na die begrip permanente saak is deur die Wysigingswet op Inkomstewette, Wet 59 van 2000, vervang met ’n verwysing na die nuwe begrip buitelandse besigheidsaak. Die ‘Explanatory Memorandum on the Revenue Laws Amendment Bill, 2000’ (SARS 2000:1-12) verskaf nie ’n rede vir die vervanging van die begrip permanente saak nie. Die doel van die studie was om die begrippe permanente saak en buitelandse besigheidsaak te vergelyk sodat voorstelle gemaak kan word rakende die nodige byvoegings en wysings om die begrip buitelandse besigheidsaak met die internasionaal aanvaarde en erkende begrip, permanente saak, te vervang. Die voorgestelde vervanging van die begrip buitelandse besigheidsaak met ’n internasionaal aanvaarde en erkende begrip sal die internasionale verenigbaarheid van die Suid Afrikaanse wetgewing bevorder. Die gebruik van ’n begrip wat internasionaal aanvaar en erken word, sal sekerheid en duidelikheid bewerkstellig vir diegene wat deur die artikel geaffekteer word. Daar is bevind dat die begrippe permanente saak en buitelandse besigheidsaak in die Wet in verskillende verbande gebruik word. Die begrippe is ook van toepassing op verskillende belastingbetalers in verskillende situasies. Die twee begrippe het egter dieselfde doelwit naamlik die identifisering van kriteria vir die bestaan van wesenlike en volwaardige besigheidsaktiwiteite in die buitelandse belastingjurisdiksie. ’n Vergelyking tussen die definisies van die twee begrippe toon dat verskeie komponente van die definisies dieselfde woorde en betekenis bevat. Na ’n detail vergelyking van die twee begrippe is daar bevind dat, onderhewig aan sommige voorgestelde byvoegings en wysigings, die internasionaal erkende en aanvaarde begrip permanente saak die begrip buitelandse besigheidsaak in artikel 9D(9)(b) van die Wet kan vervang. Die vervanging is moontlik weens die gemeenskaplike doelwit en soortgelyke komponente in die definisies van die begrippe permanente saak en buitelandse besigheidsaak.
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Lappas-Grigoraki, Daphni. "Tax Non-Compliance In Developing Countries: Examining The Effect On Foreign Direct Investment, Infrastructure And Transfer Pricing." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/925.
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This paper will discuss the obstacles governments of developing countries face in regulating related party transactions in this rapidly globalizing world. The first section of this paper will focus on foreign direct investment, its benefits, and the tax incentives instituted by developing countries to attract the capital of multinational corporations. Next, this paper will examine the major obstacles to growth a developing country must combat: shadow economies and corruption. These two enemies of growth hurt a developing country’s ability to attract foreign direct investment, to develop its rule of law and tax administration, and to efficiently allocate its resources with the goal of developing a stable economy. Finally, I will explain the difficulties developing countries must overcome to regulate firm transfer pricing under the current global standard.
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Costa, David Patrick Anthony. "Taxing recurrent services rendered by a foreign company to an associated enterprise in South Africa." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1008269.
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The objective of the study was to investigate the right of the South African Government to tax the income earned by a foreign company when rendering services in South Africa to a South African associated enterprise on a recurrent basis, together with the right to tax the amounts paid to the employees of the permanent establishment for services rendered in South Africa. At the same time the research investigated whether the services rendered by a foreign company to an associated enterprise in South Africa on a recurrent basis would constitute a permanent establishment, as this is essential before South Africa may tax either the foreign company or the employees of the permanent establishment (where such employees are not resident in South Africa).The research was conducted by means of a critical analysis of documentary data and data from a limited number of interviews with academics and the authors of textbooks and articles. In order to limit the scope of the research, a number of assumptions were made. Conflicting viewpoints underlying certain of these assumptions were discussed. Some of the important conclusions reached are that the provisions of the Vienna Convention on the Law of Treaties should be taken into account when interpreting South African legislation (including Double Tax Agreements), and that the Organisation for Economic Cooperation and Development (OECD) Commentary may be relied upon when interpreting OECD based Double Tax Agreements in South Africa. No conclusion was reached on whether to apply an ambulatory or a static basis of interpreting the OECD Commentary, however. The final conclusion of the research is that the services rendered in South Africa on a recurrent basis would be geographically and commercially coherent and consequently meet the "location test'. It is clear that as the services are rendered regularly and recurrently, they would be regarded as having the necessary permanence and would meet the 'duration test'. The place of business would therefore be regarded as being fixed (having the necessary degree of permanence). As the services would be rendered at the place of business of the South African entity, they would be regarded as being rendered 'through' the place of business and the foreign entity would be regarded as having a permanent establishment in South Africa (as defined in Article 5(1) of the OECD Model Tax Convention}. The South African Government would therefore be entitled to tax the income attributable to the permanent establishment and the income earned by the non resident employees, who rendered services in South Africa for the permanent establishment. Once the entitlement to tax exists, South African legislative rules determine how South Africa proceeds to tax the income.
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Bellak, Christian, Markus Leibrecht, and Roman Römisch. "New evidence on the tax burden of MNC activities in Central- and East-European new member states." SFB International Tax Coordination, WU Vienna University of Economics and Business, 2005. http://epub.wu.ac.at/1120/1/document.pdf.
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Company-taxation policies in the Central and East European New Member States (CEE-NMS) have been frequently characterised as tax-cutting strategies in order to attract Foreign Direct Investment (FDI). On the basis of a survey of six empirical studies a median value of the tax-rate elasticities of FDI of -0.22 in CEE-NMS and mediterranean periphery countries is derived. Yet, these tax-rate elasticities probably suffer from a sort of measurement error bias since these studies entirely rely on the host country Statutory tax rate as measure of tax burden. Building on a thorough criticism of FDI as a measure reflecting multinational activity and the Statutory tax rate as a reliable measure of the effective tax burden, 315 effective average bilateral tax rates (BEATR) are calculated for seven home countries and five CEE-NMS for the period 1996-2004, following the approach of Devereux and Griffith (1998). Since our empirical results show substantial differences in the variability of the host country Statutory tax rates and the BEATRs, it is contended that the latter should be used as explanatory variables in empirical studies.Series: Discussion Papers SFB International Tax Coordination
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He, You-Fin. "The concept of controlled foreign company and its complience with the EU-law : Does the Swedish chapter 39a Income Tax Act constitute a breach on freedom of establishment?" Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15553.
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Establishment in foreign countries can be achieved through a subsidiary company or a permanent establishment. Profit of a subsidiary company is normally taxed in accordance with the law of the country of where it is established, since a subsidiary company constitutes a separate legal entity. A permanent establishment on the other hand is not a separate legal entity, therefore profit in a permanent establishment is usually added on to the company’s total profit and taxed in accordance with the law of the country of where the company is established. Establishing business activities in foreign countries do normally not create problems, unless the business is carried on in a low tax jurisdiction. If that is the case, unlimited opportunities are created for companies to circumvent domestic taxation by transferring profit to the low tax jurisdiction, which in turn decreases the domestic tax base. In Sweden this kind of circumvention is precluded by chapter 39a ITA, in the meaning that a shareholder in a foreign company can be tax liable of low taxed profit in a foreign. The question that arises is whether chapter 39a ITA infringes on freedom of establishment. The outcome in the analysis is that there is a likeliness that chapter 39a ITA constitutes a restriction on the freedom of establishment. The escape provided in article 52 TFEU cannot justify the measure. Nor is it likely that the measure can be justified by the rule of reason. In the light of the assessment done in the analysis, it can be concluded that the chapter 39a ITA is applied in a non-discriminatory manner, satisfies a mandatory requirement (prevention of tax avoidance) and is regarded as appropriate in securing the achievement of the objectives. But there is a potential risk that measure will fail in the proportionality test.
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Monsenego, Jérôme. "Taxation of foreign business income within the European internal market : an analysis of the conflict between the objective of achievement of the European internal market and." Doctoral thesis, Handelshögskolan i Stockholm, Institutionen för Juridik, språk och ekonomisk statistik, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1287.
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Member States' rules on the taxation of the foreign business income of companies, whether they are based on the fiscal principle of territoriality or on the principle of worldwide taxation, raise complex issues of compatibility with the law of the European Union. Areas of conflict include particularly the taxation of foreign profits, the deduction of foreign losses, the elimination of international double taxation, and the attribution of profits to permanent establishments. The dissertation analyses these conflicts on the basis of a study of the case law of the European Court of Justice. Although this analysis provides some guidance for the taxation of companies when they carry out business activities throughout the European Union, it is concluded that the Court cannot, by itself: solve the conflict between the taxation of business income in a cross-border context and the objective of achievement of the internal market.Diss. Stockholm : Handelshögskolan i Stockholm, 2011
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Almeida, Carlos Otávio Ferreira de. "Concorrência internacional e tributação da renda no Brasil." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-06062013-141505/.
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O presente trabalho investiga a concorrência tributária internacional sob a perspectiva do imposto de renda brasileiro. Para tanto, procura contextualizar a tributação na atualidade, indicando desafios à atuação do Estado comprometido com sua inserção internacional. Comumente, o Estado competitivo adota políticas atrativas ao investimento externo que encontram limitações na ordem jurídica interna e internacional. Internamente, a concessão de incentivos fiscais deve se conformar à moldura imposta por princípios constitucionais atuantes sobre as ordens tributária e econômica. No plano internacional, deve respeitar as regras de liberalização do comércio, área de atuação da OMC. Adicionalmente, cláusulas de incentivo podem ter papel relevante na busca pelo desenvolvimento através de acordos de bitributação. Tomando a atração do investimento estrangeiro direto como uma das vias de promoção do desenvolvimento, tarefa a que se vê obrigado o legislador brasileiro por comando constitucional (art. 3º, II), serão aplicados testes de coerência sobre alguns institutos típicos da tributação da renda. A resposta dos testes permitirá concluir se a atuação do legislador infraconstitucional confere maior competitividade ao País e, em caso positivo, se o faz com o devido respeito aos limites impostos pela ordem tributária e econômica, ou se a norma precisa de reforma para atender aos reclames da competitividade internacional, cada vez mais acirrada na era da pós-modernidade.The present study aims to investigate international tax competition from the perspective of the Brazilian income tax. To do so, it seeks contextualize taxation currently, indicating challenges to the State that is committed to its own international insertion. Commonly, the competitive State adopts attractive policies to foreign investment which are restricted by both internal and international juridical order. Internally, granting fiscal incentives should conform the frame imposed by constitutional principles of taxation and economic orders. At the international level, it should respect trade liberalization rules which are under the scope of the World Trade Organization. Additionally, incentive clauses on tax treaties may be relevant to foster development. Taking attraction of foreign direct investment as a way of promoting development, a task Brazilian lawmakers have to observe in accordance with a constitutional rule (art. 3º, II), consistency tests are applied on some typical income tax institutes. Tests results can confirm whether the legislator is acting to promote a competitive State and, if so, whether it does so observing those limits imposed by tax and economic orders or if rules shall be reformed in order to follow the international competition demands, increasingly fierce in the postmodernity era.
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Silva, Mauro José. "Da competição à cooperação tributária internacional: aspectos jurídicos da promoção do desenvolvimento nacional num cenário internacionalizado." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-11112011-092811/.
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A busca pelo desenvolvimento nacional, como um processo de expansão das liberdades substantivas das pessoas, é um ideal que permeia o texto constitucional brasileiro e obriga o Estado a atuar para sua concretização. No entanto a atuação estatal deve considerar as repercussões internacionais que podem anular os esforços de promoção do desenvolvimento. O oferecimento de incentivos fiscais para atrair ou manter IED possui uma relação direta com o objetivo de promover o desenvolvimento nacional. Tais incentivos, no atual mundo globalizado, podem ensejar o surgimento de uma situação de competição tributária internacional que precisa ter sua aceitabilidade internacional compreendida, segundo uma análise estruturada pela proporcionalidade tendo como finalidade o aumento dos níveis de desenvolvimento. É preciso que existam mecanismos nos tratados internacionais para evitar a bitributação que preservem os efeitos indutores das normas nacionais as quais buscam promover o desenvolvimento nacional. As cláusulas de tax sparing e matching credit exercem tal função de garantir que a manifestação da soberania fiscal de um país, ao conceder o incentivo fiscal, seja respeitada numa relação bilateral. A neutralidade no fluxo internacional de investimentos, até há poucos anos, era tratada somente em termos de CEN, CIN e NN. Atualmente, surgem novas idéias que questionam a CEN como alternativa mais defensável para a eficiência na alocação do investimento, inserindo nas discussões a neutralidade de propriedade do capital. As obrigações internacionais, assumidas no sistema multilateral do comércio, podem funcionar como obstáculo para as medidas incentivadoras do desenvolvimento. Entretanto é possível para o Brasil como PED estabelecer subsídio específico, não proibido e não recorrível, que resulte em atração ou manutenção de IED o qual contribua para a promoção do desenvolvimento. A cooperação na área de tributação contribui para a configuração de uma tributação internacional mais justa, sendo que qualquer iniciativa de buscar o desenvolvimento sustentável encontra, na cooperação tributária internacional, um aspecto crucial. A despeito da existência de alguns fóruns e organizações internacionais que cuidam da cooperação tributária, a médio e longo prazo, países que ainda têm muito a fazer em prol de seu desenvolvimento, como o Brasil, teriam numa organização mundial de tributação a oportunidade de discutir alguns assuntos que, nas modalidades de cooperação tributária já praticadas, estão afastados.The pursuit of national development as a process of expansion of substantive liberties of the people is an ideal which is present in the constitutional Brazilian text and forces the State to act as for its realization. Nevertheless, the action of the State has to consider the international effects which can make void the efforts to promote its development. Offering tax incentives to attract or maintain foreign direct investments (FDI) has a direct relationship with the purpose of promoting national development. The tax incentives, in a nowadays globalized world, may cause some situation of international tax competition which need its international acceptance comprehended as an analysis structured by proportionality having its purpose towards the increasing levels of development. It is necessary that mechanisms exist in international treaties so as to avoid double taxation that protect the inductive effects of the national laws which look for to promote national development. The tax sparing and matching credit clauses function so as to guarantee the manifestation of fiscal sovereignty of a country granting a fiscal incentive may be respected in a bilateral relationship. The neutrality in the international investments flow till some years ago was treated only based on CEN, CIN and NN. Now new ideas are coming up that bring discussion about CEN as being the best alternative as for the effectiveness to place the investment, introducing in the debates the neutrality of capital ownership. International obligations undertaken in the multilateral trade business system may work as an obstacle as for the incentive measures of development. Nevertheless, Brazil as a developing country may establish a specific subsidy, which is not prohibited or which may not suffer any penalty that would bring or maintain foreign direct investment (FDI) contributing to promote development. Cooperation in tax sector contributes to confirm a more fair international taxation scenario, and any step undertaken looking for sustainable development finds in international tax cooperation a fundamental aspect. Despite the existence of some international forums and international organizations dealing with tax cooperation, in medium and long run, countries which have a lot to accomplish in favor of their development, as Brazil, would have in a world tax organization the opportunity to discuss some subjects that in tax cooperation forms are already used but this does not happen.
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Krčmová, Michaela. "Dopady ATAD na zdaňování příjmů zahraničních společností ovládaných daňovým rezidentem ČR." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2020. http://www.nusl.cz/ntk/nusl-417407.
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This diploma thesis deals with the impact of the ATAD on the taxation of income of foreign companies controlled by a Czech resident – a legal entity. It describes, analyzes and systematizes the current legal situation and changes introduced into the area by the implementation of rules for controlled foreign companies into domestic legislation. This thesis includes a draft of the methodology for the application of rules from the perspective of the Czech corporate income taxpayer.
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Oliver, Ashley. "An analysis of options for reform of South Africa’s unilateral income tax exemption of foreign pensions, with an emphasis on the cross-border interaction with pensions derived from the United Kingdom and Germany." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29366.
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South Africa, recently reformed the tax policy regarding the taxation a South African resident’s foreign employment income and is in the process of reviewing the tax policy of foreign pensions. The unilateral foreign pension exemption was only meant to be on a temporary basis, but yet uncertainty existed ever since its introduction in 2000 of whether, and for how long, the exemption would be retained that is until 2016. South Africa’s Treasury proposed various reforms to South Africa’s unilateral exemption of foreign employment income in the last two years. The prevalent nexus between the foreign employment income and foreign pension exemptions, is a strong indication that the various reforms considered for the foreign employment exemption may be considered in regards to South Africa’s tax policy reform of foreign pensions. This minor dissertation seeks to answer is what the impact of the proposed future reforms are on the income tax consequences of a SA tax resident’s foreign pension, in light of the recent international trends in the mitigation of double non-taxation. The key finding arising from the research in this minor dissertation is that South African residents currently benefit from double non-taxation of UK pension annuities, UK pension lump sums and lump sums, and a German lump sum arising from a pension commitment prior to 1 January 2005. The enactment of the proposed future reforms would result in United Kingdom pension annuity becoming taxable in South Africa. German pension benefits in the form of an annuity arising from a pension commitment prior to 1 January 2005 and after 31 December 2004 will be taxed either in Germany or South Africa, or both. In the case of a SA resident’s UK lump sum or German lump sum arising from a pension commitment prior to 1 January 2005, a SA resident will continue to benefit from double non-taxation under the proposed future reforms under both the 1973 and 2008 SA-Germany DTC. In the case of a SA resident’s lump sum arising from a pension commitment after 31 December 2004 it will still be taxed in Germany under both the 1973 and 2008 SA-Germany DTC, regardless of the proposed future reforms. Following the analysis of the impact of the proposed future reforms on the income tax consequences of a South African tax resident’s German or United Kingdom pension benefits, this dissertation finally aims to provide recommendations in relation to issues identified in respect of the proposed future reforms, if any.
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De, Souza Drummond Elizabeth Lucy. "The effectiveness of the South African double taxation relief provisions for South African companies investing in other African estates." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26831.
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South Africa has expressed its desire to be the gateway for investment into Africa. With its residence-based tax system which taxes the worldwide income of its tax residents, South African companies will be open to double taxation where the investee country claims jurisdiction to tax income generated from within its borders. In addition, other provisions in the South African tax legislation increase the possibility of double taxation by including the income of foreign subsidiaries. Two such examples are the definition of a tax resident, which includes foreign subsidiaries that are effectively managed by their holding companies in South Africa, and the anti-avoidance measures, such as the controlled foreign company provisions, which impute the income of a foreign subsidiary to the South African investment company. Many South African companies have chosen to route their investments in African countries through foreign subsidiaries. Besides having a more investor-friendly tax regime, these countries offer more favourable relief from double taxation, both unilaterally and by means of their network of tax treaties. South Africa has identified some of its shortcomings. It has introduced concessionary tax provisions for locally based headquarter companies that invest abroad. It recognises the high cost of doing business in Africa due to the fact that many African countries impose withholding taxes on several types of income even though they may not be from a local source. Therefore, South Africa is granting tax rebates for foreign withholding taxes paid on service fees charged to foreign entities despite the income being derived from a South African source. Both these measures reduce double taxation but, are they sufficient to encourage direct investment from South Africa into other African countries? This study seeks to evaluate the effectiveness of the South African double taxation relief provisions by using a case study of a South African company that has investments in several African countries. It compares the application of the double taxation relief provisions of South Africa, another African country and a non-African country to the case study. It analyses the outcomes and assesses the effectiveness of South Africa’s current legislation for unilateral tax relief and its tax treaties in minimising double taxation. Finally, it makes some recommendations on possible improvements to the legislation in order to achieve the stated goal of being the financial hub for investment into Africa AFRIKAANS : Suid Afrika het aangedui dat dit die poort vir belegging na Afrika wil wees. Die heffing van belasting op die wêreldwye inkomste van belastingpligtige inwoners stel Suid-Afrikaanse maatskappye egter bloot aan dubbelbelasting indien die land waarin beleggings gemaak word ook aanspraak maak op die reg om inkomste wat in daardie land verdien is, te belas. Sekere bepalings in die Suid-Afrikaanse belastingwetgewing stel belastingbetalers verder bloot aan dubbelbelasting indien die inkomste van buitelandse filiale ook by die inkomste van inwoners ingesluit moet word. Twee sulke voorbeelde sluit die definisie van belastingpligtige inwoner ingevolge waarvan buitelandse filiale wat effektiewelik deur hulle houermaatskappy in Suid-Afrika bestuur word en sekere teenvermydingsmaatstawwe, soos byvoorbeeld die beheerde buitelandse maatskappy bepalings ingevolge waarvan die inkomste van ʼn buitelandse filiaal aan ʼn Suid-Afrikaanse beleggingsmaatskappy toegeskryf word, in. Daar is heelwat Suid-Afrikaanse maatskappye wat verkies om hulle beleggings in Afrika deur middel van filiale wat in ander lande geregistreer is, te hou. Hierdie gekose lande het nie net gunstige belasting instellings bewinde nie maar bied ook meer voordelige verligting van dubbelbelasting, beide eensydig en deur middel van hulle netwerk van belastingooreenkomste, aan. Suid-Afrika het sy tekortkominge geidentifiseer. Voordelige belastingbepalings is geskep vir plaaslike hoofkantoor maatskappye wat beleggings in die buiteland hou. Erkenning is gegee aan die hoë koste om besigheid in Afrika te doen as gevolg van die feit dat menige Afrika-lande belasting op verskeie tipe inkomste weerhou selfs as die oorsprong van die inkomste nie vanuit daardie lande kom nie. Suid-Afrika is gewillig om belastingkortings vir die buitelandse belasting so weerhou toe te staan ten spyte daarvan dat die oorsprong van die inkomste in Suid-Afrika is. Beide die maatstawwe is gemik op tot die vermindering van dubbelbelasting, maar is dit voldoende om direkte beleggings vanaf Suid-Afrika in ander Afrika-lande aan te moedig? Die doelwit van hierdie studie is om te bepaal hoe effektief die Suid-Afrikaanse bepalings wat gemik is om dubbelbelasting te verhoed deur middel van ‘n gevallestudie van ʼn Suid-Afrikaanse maatskappy wat meervoudige beleggings in verskeie Afrika-lande het. Die studie vergelyk die toepassing van die vermindering van dubbelbelastingbepalings van Suid-Afrika, ʼn ander Afrika-land en ʼn nie-Afrika-land. Die resultate word geanaliseer en die effektiwiteit van die huidige wetgewing vir eensydige verligting van dubbelbelasting en die huidige belastingooreenkomste om dubbelbelasting te verminder, word beraam. Ten slotte, die studie beoog ook om aanbevelings wat dalk die wetgewing kan verbeter ten einde die gewensde doelwit om Suid Afrika die finansiële poort vir beleggings in Afrika te bereik, te maak.Dissertation (MCom)--University of Pretoria, 2012.
Taxation
unrestricted
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Karásek, Martin. "Řízení rizik spojených s přijímáním zahraničních pracovníků v českých firmách." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2021. http://www.nusl.cz/ntk/nusl-446771.
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The diploma thesis deals with the admission of foreign workers in Czech enterprises with a focus on social security and income tax. The analysis of the current state is devoted to a general introduction to the legal regulations according to which an employer determines the state in which he must fulfil the relevant obligations. In the proposal part, a narrower group of foreign workers is defined according to the statistical data of the selected enterprise. The proposal for effective risk management in the admission and subsequent employment of workers from the defined group is created by means of selected methods for risk identification and analysis. Brainstorming, What-If analysis, Checklist and Scoring method were used to create the proposal. The particular methods are complementary each other. Within the proposal for effective risk management, appropriate measures are proposed for each identified risks and their general financial assessment is made in the last part of the thesis.
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Villagra, Cayamana Renée Antonieta. "Análisis crítico del régimen de transparencia fiscal internacional vigente en el perú a partir del 2013." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/107805.
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In the current globalization state, emerges an important problem referred to tax deferral, committed by those who, taking advantage of their belonging to entities domiciled abroad, are able to avoid paying taxes for what the yearn. In these cases, the governments are theo nes impaired, because they do not perceive the incomes they should. This is the reason why a Fiscal Transparency Regime is proposed, so that those incomes can be assessed. In this article, the author analyses the recent incorporation of that transparency regime to Peruvian legislation and accomplishes to build a scheme that, while comparing national legislation with other regimes abroad, permits to explain its main characteristics, as well as its benefits and deficiencies.En el contexto de la globalización, surge el problema del diferimiento de impuestos por parte de aquellos que, aprovechándose de ser partícipes en entidades domiciliadas en Estados de baja o nula imposición, evitan el pago de impuestos sobre las rentas obtenidas por ellos. Éstos son casos en los que el Estado se ve perjudicado, pues no percibe todos los ingresos que le corresponden. Es por este motivo que se propone, a nivel mundial, un régimen de transparencia fiscal internacional que permita gravar estas rentas. En el presente artículo, la autora hace un análisis de la reciente incorporación de dicho régimenal Perú y logra, a través de la comparación con legislaciones extranjeras, construir un esquema que permite explicar sus características, así como sus beneficios y deficiencias.
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Lima, Larissa Pimentel de. "A tributação de lucros auferidos por controladas no exterior e a interpretação do artigo 7º dos Tratados para Evitar a Dupla Tributação." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21762.
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This paper’s purpose is to analyze the application of the legal regime for the taxation of profits obtained abroad in cases involving companies located in countries that have signed a Treaty to Avoid Double Taxation (DTTs). Current Brazilian legislation establishes the prevalence of international treaties and conventions over domestic legislation. The Brazilian Federal Revenue Service understands that there is a supposed compatibility between the section 74 of Provisory Measure No. 2158 (taxation of foreign profits) and DTTs, so that the taxation of these profits earned abroad is due by Brazilian companies. Moreover, despite change in the legislation with Law No. 12,973/2014, the discussions of the past remain equally applicable, since this issue was not addressed in the text of the new Law. . In the present work, we intend to analyze the possibility of taxation of the profits obtained by the subsidiaries located in countries that have DTTs with Brazil in light of the new legal regime introduced by Law 12,973/2014, in order to guarantee greater legal certainty for the taxpayers. Our conclusion is that the application of DTTs should be sustained and taxation provided in Law 12,973/2014 should not be applicable in this situation, but this lack of harmony generates insecurity for the taxpayer and complexity in the interpretation of the rules. Thus, there is high expectation that litigation in our administrative and judicial courts will continue on this issue
O presente trabalho tem por objeto a análise aplicação do regime jurídico da tributação dos lucros auferidos no exterior nos casos em que envolvem empresas localizadas em países que celebraram Tratado para Evitar a Dupla Tributação (“TDT”). A legislação brasileira vigente prevê a prevalência dos Tratados e Convenções internacionais sobre a legislação interna. A Receita Federal do Brasil entende que existe uma suposta compatibilidade entre o preceito do art. 74 da Medida Provisória nº 2158 (tributação de lucros no exterior) e os TDTs, de forma que a tributação desses lucros auferidos no exterior é devida pelas empresas brasileiras. E ainda, apesar da instituição da nova sistemática de tributação dos lucros no exterior da Lei nº 12.973/2014, as discussões do passado permanecem igualmente aplicáveis, visto que essa questão não foi tratada no texto da nova Lei. Nesse sentido, a escolha do tema em análise decorreu da necessidade de aprofundar o estudo acerca da possibilidade de tributação dos lucros auferidos pelas controladas localizadas em países que possuem TDTs com o Brasil à luz do novo regime jurídico introduzido pela Lei nº 12.973/2014, a fim de garantir uma maior segurança jurídica aos contribuintes. Nossa conclusão é que deve ser sustentada a aplicação dos TDTs e afastada a tributação nos termos da Lei 12.973/2014, porém essa falta de harmonia gera insegurança para o contribuinte e complexidade na interpretação das normas. Desta forma, há grande expectativa de que os litígios em nossos tribunais administrativos e judiciais continuem sobre esse tema
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Nielsen, Linnea, and Lovisa Sjöbring. "Regionala skillnader i arbetslöshetsnivå : En ekonometrisk paneldatastudie om storstadsregioners kommunala arbetslöshet och dess förklaringsvariabler." Thesis, Linköpings universitet, Institutionen för ekonomisk och industriell utveckling, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-129194.
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Denna uppsats har undersökt kommunal arbetslöshet i 22 kommuner, vilka är geografiskt anslutande till Sveriges tre storstadsområden – Stockholm, Göteborg och Malmö. Uppsatsen har ämnat undersöka huruvida det föreligger signifikanta orsakssamband som påverkar kommunal arbetslöshet. Uppsatsen har även avsett undersöka om det finns tydliga skillnader i faktorer som påverkar arbetslöshetsnivån i de undersökta regionerna, samt förorts- och storstadskommuner emellan. För att besvara syftet har det i studien genomförts en regressionsanalys med paneldata för de undersökta kommunerna mellan åren 1996-2014. Förklaringsvariablerna, vilka ämnar förklara kommunal arbetslöshetsnivå, har varit kommunal inkomstskattenivå, medelårsinkomst, andel med minst tre års eftergymnasial utbildning, befolkningstäthet och andel utrikesfödda. Resultaten påvisar positiva samband för variablerna kommunal inkomstskattenivå, medelårsinkomst, befolkningstäthet och utrikesfödda, vilket innebär att när dessa faktorer förändras påverkas även kommunal arbetslöshetsnivå i motsvarande riktning. Den enskilda förklaringsvariabel som har ett negativt samband med arbetslöshet är andel med eftergymnasial utbildning, vilket innebär att när denna faktor förändras påverkas kommunal arbetslöshet i motsatt riktning. Resultaten visar skillnader i kommunal inkomstskattenivås påverkan på arbetslöshet storstads- och förortskommuner emellan, då storstadskommuner visar ett starkare sådant samband. Inga övriga skillnader i variablernas påverkan på arbetslöshet kan tydligt urskiljas ur resultaten. Den tydligaste skillnaden regionerna emellan är sambandet mellan utrikesfödda och arbetslöshet, vilket är positivt för Stockholmsregionen, men negativt för Malmö- och Göteborgsregionerna. Resultaten påvisar också skillnader i hur starkt variablerna kommunal inkomstskattenivå och andel med eftergymnasial utbildning påverkar arbetslösheten. Sambandet mellan kommunal inkomstskattenivå och arbetslöshet är starkast i Göteborgsområdet, i förhållande till övriga undersökta områden, och variabeln eftergymnasial utbildning har starkast påverkan på arbetslöshetsnivån i Malmöområdet, i relation till övriga två områden.This thesis has examined the unemployment rate in 22 municipalities that are geographically connected to the metropolitan areas of Stockholm, Gothenburg and Malmö. The aim has been to examine whether there are distinct differences in factors that effect the municipal unemployment rate. The thesis has also aimed to investigate distinct differences in municipal unemployment rate in suburban and metropolitan municipalities. A regression analysis of panel data between the years 1996-2014 has been estimated and the explanatory variables are level of municipal income tax, average annual income, proportion of individuals with a higher educational level of three years or more, population density and proportion of foreign born. The results indicate positive relationships between the variables municipal income tax, average annual income, population density and foreign born, which means that whenever these factors alter – the municipal unemployment rate does so as well. The sole explanatory variable with a negative relationship to municipal unemployment rate is education, which means that if the level of education changes, the unemployment rate alters in the opposit direction. The results also indicate differences in how strongly the municipal income tax effect the unemployment rate in suburban and metropolitan municipalities, since metropolitan municipalities indicate a stronger relationship between this variable and the unemployment rate. Moreover, there are no clear differences in the variables’ effect on the municipal unemployment rate. The most distinct disparity between the three regions is the relationship between the proportion of foreign born and municipal unemployment rate, which solely is positive for the region of Stockholm and negative for the regions of Malmö and Gothenburg. The results also indicate differences in how strongly the variables of municipal income tax and level of education affect the unemployment rate. The relationship between municipal income tax and unemployment rate is most powerful in the region of Gothenburg, in comparison to the other two regions, and the variable of level of education effect the region of Malmö the most.
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Duncan, Denvil R. "Essays on Personal Income Taxation and Income Inequality." Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/econ_diss/62.
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This dissertation comprises two essays that attempt to determine, empirically, the relationship between personal income taxation and income inequality. The first essay examines whether income inequality is affected by the structural progressivity of national income tax systems. Using detailed personal income tax schedules for a large panel of countries, we develop and estimate comprehensive, time-varying measures of structural progressivity of national income tax systems over the 1981–2005 period.
Our findings suggest that progressivity has a strong negative effect on inequality in reported gross and net income and that this negative effect is strongest in countries whose institutional framework supports pro-poor redistribution. However, the effect of progressivity on true inequality, which is approximated by consumption-based measures of the GINI coefficient, is significantly smaller.
The second essay relies on household level data and complements the first in its empirical approach. We simulate the distributional impact of the Russian personal income tax (PIT) following the flat tax reform of 2001 using data from the Russian Longitudinal Monitoring Survey. We use a series of counterfactuals to decompose the change in the distribution of net income into a direct (tax) effect and an indirect behavioral effect.
As expected, the direct tax effect increased net income inequality. Changes in the pre-tax distribution, on the other hand, had a large negative impact on inequality thus leading to an overall decline in net income inequality. We also find that the tax-induced evasion response increased reported net income inequality while reducing consumption based measures of net income inequality.
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Cubel, Maria. "Income tax differentiation, equity and tax competition." Thesis, University of York, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.288246.
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Yuwono, Thalyta Ernandya. "Individual Income Tax in Indonesia: Behavioral Response, Incidence, and the Distribution of Income Tax Burden." Digital Archive @ GSU, 2009. http://digitalarchive.gsu.edu/econ_diss/36.
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This dissertation estimates the relationship between tax-reporting decision and the change in marginal tax rates, relying on taxpayer's responses (standard labor supply response) as well as reported behavioral responses (compliance). There are still limited studies on elasticity estimates for developing countries. We utilize an applicable theoretical model by using standard labor supply model and summarize a tax avoidance model as the base of our elasticity estimation. The labor supply theoretical model suggests ambiguity of the labor supply decision and the tax avoidance model suggests that the responsiveness of taxpayers in the reporting decision differs across income groups. As previously stated, in developing countries, empirical evidence on reporting decision is still very limited. For our empirical analysis, we estimate reporting income elasticity for microsimulation purposes. We use this elasticity to estimate a dynamic behavior microsimulation model. The elasticity result shows that higher-income groups are more responsive and lower-income groups are less responsive to changes in tax policy. Our empirical analysis continues with estimating differences in taxpayers’ responses to the change in tax policy. We use a modified difference-in-difference model to analyze behavioral responses of taxpayers who are highly affected by the change in marginal tax rate compared to those who are least affected. The result shows that the treatment group, who experienced larger reductions on their marginal tax rate, reported more of their income relative to the control group, whose members are least affected by the change in marginal tax rate. The last part of our empirical analysis examines the distribution of income tax burden across different income groups and examines the government's tax collection from withholding income from some proposed scenarios. We proposed several scenarios and estimated the change in income tax burden compared to that under current income tax law. We also examined the government's revenue loss by calculating the tax differences under current and proposed scenarios. The overall microsimulation results suggest that there is a trade-off between government revenue loss and the distribution of income tax burden.
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Yuwono, Thalyta Ernandya. "Individual income tax in Indonesia behavioral response, incidence, and the distribution of income tax burden /." unrestricted, 2008. http://etd.gsu.edu/theses/available/etd-12122008-223215/.
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Thesis (Ph. D.)--Georgia State University, 2008.Title from file title page. Sally Wallace, committee chair; Jorge L. Martinez-Vazquez, Roy W. Bahl, Robert M. McNab, committee members. Description based on contents viewed June 15, 2009. Includes bibliographical references (p. 113-117).
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Grebe, Alta-Mari. "The income tax implications resulting from the introduction of section 12N of the Income Tax Act." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020787.
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Section 12N, introduction into the Income Tax Act by way of Taxation Laws Amendment Act and which became effective on 2 November 2010, provides for allowances on the leasehold improvements on government-owned land and land leased from certain tax exempt entities as stipulated in section 10 (1) (cA) and (t). As section 12N deems the lessee to be the owner of the leasehold improvement, the lessee now qualifies for capital allowances which were previously disallowed.
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Selin, Håkan. "Four empirical essays on responses to income taxation /." Uppsala : Department of Economics, Uppsala University, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-9055.
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MORITA, Keisuke. "Taxpayer, Tax Evader, and Income Taxation." 名古屋大学大学院経済学研究科, 2005. http://hdl.handle.net/2237/10762.
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Bayer, Ralph C. "The economics of income tax evasion." Thesis, London School of Economics and Political Science (University of London), 2003. http://etheses.lse.ac.uk/2656/.
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This thesis consists of three extended essays on the evasion of income tax. The main purpose of this thesis is to refine the existing tax evasion models in a way that makes it possible to explain empirically established stylized facts that could not be explained before. In the first part we use a standard neoclassical framework in order to analyse the impact of risk preferences on evasion behaviour. We argue that expected value maximization with some fixed and variable costs incurred during the evasion process (moral cost, cost of coverage action etc.) is an appropriate framework to explain the stylised fact that higher tax rates and a higher income lead to more tax evasion. This resolves one of the puzzles concerning tax evasion that was unsolved so far. The second part uses this finding to examine the effect of tax rates on the resources wasted during the process of tax sheltering and evasion detection. We model a declaration detection process, where both, tax inspector and taxpayer, can invest into the probability that the true income from different potential income sources is verified We show that in this contest a higher tax rate leads to more resources that are waste- fully invested in the cat and dog play between authority and taxpayer. The positive effect of rising tax rates and rising income on tax evasion is maintained. The final part of the thesis explains why the tax authority in reality audits sequentially. I.e. it audits single sources at the beginning to conduct a full-scale audit, whenever it finds evidence for irregularities. To do so, we use a simplified version of the model from part two and allow for sequential auditing as well as for different types of taxpayers. The possibility to learn something about the type of the taxpayer by auditing sequentially gives the authority a powerful tool to better target its detection effort. Sequential auditing therefore reduces the amount of non-filers and black market participants as well as the probability that somebody evades a fraction of his total income.
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Vorster, Jana. "Differentiating between processes of manufacture and other processes within a business for purposes of the Income Tax Act." Pretoria : [s.n.], 2009. http://upetd.up.ac.za/thesis/available/etd-03022009-102421/.
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Rath, Silke [Verfasser]. "Taxation and Income Distribution: Analysis of Income Tax and Value Added Tax : Evidence from Germany / Silke Rath." Aachen : Shaker, 2012. http://d-nb.info/1069045853/34.
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Kanyenze, Rumbidzai. "An analysis of the income tax consequences resulting from implementing the Income Tax Bill (2012) in Zimbabwe." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017536.
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The Income Tax Bill (2012) proposes certain changes to the existing Income Tax Act that will impact on the method used to determine the taxable income of a taxpayer in Zimbabwe. Therefore, it is important to understand the tax consequences the Income Tax Bill creates for the taxpayer. The research aimed to elaborate on and explain the tax consequences that will arise as a result of applying the Income Tax Bill in Zimbabwe. The research was based on a qualitative method which involved the analysis and the interpretation of extracts from legislation and articles written on the proposed changes. The current “gross income” of a taxpayer consists of amounts earned from a source within or deemed to be from within Zimbabwe The proposed changes to the Act will change the tax system to a residence-based system, where resident taxpayers are taxed on amounts earned from all sources. Therefore, the driving factor which determines the taxability of an amount will become the taxpayer’s residency. Clause 2 of the proposed Act provides that income earned by a taxpayer should be separated into employment income, business income, property income and other specified income. This will make it unnecessary to determine the nature of an amount because capital amounts will be subject to income tax. The current Act provides for the deduction of expenditure incurred for the purpose of trade or in the production of income. Section 31(1)(a) of the proposed Act will restrict permissible deductions to expenditure incurred in the production of income. Consequently, expenditure not incurred for the purpose of earning income will no longer be deductible when the Income Tax Bill is implemented. The proposed Income Tax Act will increase the taxable income of a taxpayer as it makes amounts that are not currently subject to tax taxable, whilst restricting the deductions claimable.
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Killen, Karen L. "Ratio of Income Tax Expense to Operating Income as an Indicator of Fraud." Thesis, Northcentral University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10105357.
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Financial statement fraud is so prevalent that the American Institute of Certified Public Accountants (AICPA) and the Securities and Exchange Commission (SEC) both issued guidelines dealing with revenue recognition specifically because the majority of financial statement fraud involves overstating revenue. The specific problem addressed by this study was that although there are analytical procedures used throughout the audit process, only 10% - 12% of detected frauds are found using this method. Research has shown that companies with large differences between reported net income and taxable income showed among other things, fraudulently overstated earnings compared to companies with average differences. The study examined how income tax expense related to operating income, which included all revenue less expenses but before income taxes payable; and, whether the ratio of income tax expense to operating income differs for public companies with and without detected financial statement fraud. The full census sample included examination of fraud firms and non-fraud firms for all cases occurring between the years 1993 and 2005. The data was analyzed using descriptive statistics including measurements of central tendency and variability and inferential statistics including z-scores and Pearson’s correlation coefficient. The results indicated that there is a relationship between non-fraud income tax expense and income before income taxes r = .996, N = 332, (p < .01), two tails, and for fraud firms, there is a correlation between income tax expense and income before income taxes r = .963, N = 386, (p < .01), two tails. This research also indicates that a correlation exists for non-fraud firms between income tax expense and operating income, r = .702, N = 196, (p < .01), two tails and for fraud firms r = .842, N = 386, (p < .01), two tails. Finally, the results also indicate there may be a significant correlation between the ratio of income tax to operating income for fraud firms compared to the ratio of income tax expense to operating income for nonfraud firms where r = .169, N = 196, (p < .05), two tails. Converting the fraud ratio to a z-score demonstrates that any ratio greater than .46 gives a greater than 50% chance of indicating fraud (Field, 2009).
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Beckett, Neal Peter. "Combating abusive EU corporate income tax practices." Thesis, Brunel University, 2016. http://bura.brunel.ac.uk/handle/2438/13492.
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This thesis examines the concept of EU corporate tax abuse in light of the tensions between the protection of EU Fundamental rights and the susceptibility of those rights to abuse. Consideration is given to the major tax abuse practices and arrangements, accompanied by analyses of the responses of a selection of EU member states, and the role and impacts of judicial, state and commercial stakeholder interests. Consequent upon an examination of why past proposals have failed to attain either policy adoption or policy success, it is suggested that the legal concepts of abuse of rights, substance over form and proportionality may be of value in assessing and validating a corporate tax abuse proposal. It will be argued that Member State tax rules and policy initiatives to date have been unsuccessful in eradicating the effects of corporate tax abuse deriving from the exploitation of Fundamental Freedoms and that this failure is attributable to reasons of poor transactional data lineage and disclosure, unresolved political and judicial conflicts between balancing Member State rights with the Internal Market ideal and from a corporate culture that is incentivised to circumvent tax rules with limited recourse. Following an assessment of whether reform should focus on transactional based tax rules or on a broader legal framework to induce taxpayer behavioural changes, it is contended that EU corporate tax abuse can be addressed by rejecting the traditional ideals of tax harmonisation, formulary apportionment, and principles or rule-based tax law approaches as a complete solution. An effective scheme of reform should instead be based on Enhanced Disclosures and Attestation incorporating country-by-country reporting, additional reporting metrics and legal attestations, underpinned by civil and criminal penalties.
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Chen, Shiu-Nuan, and 陳秀暖. "The taxation of foreign income in Alternative Minimum Tax." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/76336398968203817464.
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碩士國立臺灣大學
經濟學研究所
97
The governments all over the world are devoted to encourage the advance in economy. They adopt tax exemption benefit to make the industry upgrade. Our gorvernment also adopts this way to reward to Hi-Tech industries and individuals. But for a long time, government doesn’t examine wheter it’s still suitable and make the expiration date The excess of tax exemption benefit is too much to impede the taxation growth, erode the tax basic, weaken the country strengh, slow the economic development and widen the vicious circle. Integrity of Tax system in Taiwan is ranking behind other countries in Asian. To reform this situation, the government takes Alternative Minimum Tax into consideration. As putting Alternative Minimum Tax into pratice, the fair of the tax will enhance. One of practicable method to be taken over is making foreign income be one of the Alternative Minimum Tax item and adding to taxable income. However, the foreign income is different from other adding items. The distinct tax rate, legislation and the particularity make the foreign income adding to taxable income hard to implement. The study is to compare the internaltional pratice and dicuss feasibility in implementing Alternative Minimum Tax and its added item- foreign income. How the effect will be if the Alternative Minimum Tax put into practice. Wheter the added item-foreign income will make the tax more correspond to the international trend and fairness of the taxation. To reform the tax system, it is must to consider other tax and follow the three pricincles: fairness of the taxation, justice of the society and development of the economy. It lacks mature technology of imposition to add the foreign income into taxable income cause the announcement effect more than the essence of tax revenue. In long-term aspect, we should take account of fairness and neutrality of the taxation, the balance of finance, the development of the econmy and match up the overall reformation of finaice. To upgrade tax revenue, improve tax system and slove the unfairness of the taxation we should change the personal tax to personal-cum-territoriality, improve technology of imposition, reduce tax collection cost, develp obligation of individuals and proceeds generated outside the organs, set anti double taxation agreement and directive tax supplant indirective tax.
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"The taxation of foreign exchange differences." Thesis, 2014. http://hdl.handle.net/10210/10252.
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M.Com. (Taxation)One of the canons of context requires that a liability will be in 1986:para 4.47). taxation is certainty. "Certainty taxpayer be reasonably certain of what any given set of circumstances" (Margo in this his tax Report, It is submitted that, at present, there is not the desired certainty regarding the treatment of unrealised foreign exchange differences. This is proven by the internal memorandum circularised by the Commissioner of Inland Revenue, advising local Receivers of Revenue to put on hold all income tax returns with unrealised foreign exchange losses and all objections to the disallowance of these losses until such time that it has, in consultation with professional bodies, been able to establish an acceptable solution to the problem (Commissioner for Inland Revenue, n.d.). No finality has been reached to date and uncertainty therefore still prevails on either side of the fence, resulting in losses to both parties. As a result of the Commissioner's instruction not to assess income tax returns with foreign exchange differences, Revenue suffers significant losses from a cash flow point of view. This is because a taxpayer is entitled to base his first and second provisional tax payment for a particular tax year on his "basic amount", this being his taxable income or assessed loss for the last tax year for which he has been assessed. For many affected taxpayers, this is their 1984 tax year in respect of which they reported a considerably lower taxable income than for their last year of assessment. This means that their first two provisional tax payments in respect of a particular tax year can be extremely low in comparison to their taxable income for their last year of assessment. There are also quite a few taxpayers who had an assessed loss for their 1984 tax year who are therefore not required to make a payment at all. It follows, therefore, that Revenue could improve its cash flow position by not allowing assessments to fall too far in arrears. Conversely, disallowance response to pay tax on purposes. taxpayers lose where they have objected to the of their foreign exchange losses and are still awaiting a their objections as, in the meantime, they will have to the basis that the losses are not deductible for tax The direct effect of the disallowance of unrealised foreign exchange losses would be that the after tax cost of borrowings from abroad would be unacceptably high, thus creating a bias towards local borrowing. In a country in dire need of foreign capital, this situation is obviously totally undesirable.
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Portwig, Johannes Christiaan. "Die inkomstebelastingbepalings van toepassing op transaksies in buitelandse valuta." Thesis, 2014. http://hdl.handle.net/10210/11658.
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M.Com.The income tax provisions relating to foreign currency transactions was the subject of this study. Uncertainty prevailed regarding the tax treatment of such transactions in years of assessment ending before 1 January 1994. In order to address these shortcomings, a new section, governing the tax treatment of foreign currency transactions in years of assessment on or after 1 January 1994, was introduced into the Act. In the first part of the study, the historical legislation was analysed. The legislation, as it was then applied, was explained and problem areas and areas of uncertainty, discussed. It has been shown that the historical legislation was inadequate and that there was a need for the new comprehensive legislation was justified. The second part of the study covers the new legislation. The new provisions are analysed in detail and their practical application was illustrated by means of examples. It is shown that the new legislation has made a vast improvement to the historical situation and that the areas of uncertainty have been eliminated. The current legislation is also critically analysed and it was found that, except for a few minor points of criticism, the legislation had succeeded in it's aim to bring certainty to this area in our tax law.
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Appalsamy, Clyde Benedict. "A critical analysis of section 241 of the Income Tax Act." Thesis, 2015. http://hdl.handle.net/10539/19461.
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Hou, Xiaoyang. "Income tax preferences to foreign investments in China since the late 1970s." 2005. http://purl.galileo.usg.edu/uga%5Fetd/hou%5Fxiaoyang%5F200508%5Fllm.
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Chang, Hui-wen, and 張慧文. "Foreign investment enterprises in China against the business profit tax of the Taiwan income tax law." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/41843491105290034805.
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碩士國立臺北大學
會計學系
90
The commercial exchange between Taiwan and China has been increasing in recent years, to make Taiwanese investors understand the similarity and differences of the income tax laws on the both sides of the Strait, this thesis compares the income tax that is applicable to foreign investment enterprises in China against the business profit tax of the Taiwan income tax law. An analysis and a summary will be given regarding tax structure; incomes, costs and expenses that have important significance on taxed income; non-operational income, assets assessment and tax reduction pertaining to tax payers’ rights. They will be used as reference for making investment decisions in China for Taiwanese investors. The focus of this thesis will be based on the Taiwanese income tax law and the regulations, and the income tax for Chinese enterprises with foreign investment and foreign enterprises. Other related regulations will be the secondary focus and case study will also be included to compare the similarity and differences on the income tax law on both sides. During the research process, due to the differences of income tax legislation process on both sides’, it has been found that Taiwanese taxation system is more in accordance with international practice and the tax bearing is fairer. However, tax punishment is more severe China because Chinese people’ unwillingness to pay tax. Another finding is that the taxation on business undistributed earning is rather different on both sides of the Strait. The conclusion of the thesis consists of the recommendations for the Chinese and Taiwanese governments and investors and future researcher. The recommendations for the Chinese government include: (1) the income tax for domestic and foreign enterprises should be unified as soon as possible to make tax bearing just and to make the income tax in alignment with the WTO (World Trade Organization) regulations; (2) the legitimization of taxation system should be strictly reinforced to make the execution of tax law more just and reasonable; (3) the tax reduction scheme should be changed to avoid the reduction of tax income and to be in accordance with policy implementation; (4) the taxation system should be revised to encourage tax payers to honestly declare tax; (5) tax treaty should be established quickly to help create the “win-win” environment for both sides. The recommendations for the Taiwanese government include the following: (1) cancellation of the regulation about imposing 10% business profit tax on undistributed earning to reduce collecting costs; (2) it is recommended that the unitary income tax and business profit tax be legitimized respectively to avoid letting them become tax payers’ burdens; (3) deadlines concerning drawback should also be determined in the tax law to protect tax payers’ rights; (4) digitalized relevant tax information to facilitate tax payers’ general inquiry; (5) reinforce tax drawback on re-investment to encourage investment. The recommendations for the investors include: (1) tax payers should follow the laws and regulations carefully without taking any chance; (2) to apply for industries that are applicable to tax reduction or set the enterprises in special areas that are entitled to tax incentive; (3) fully understand the accrual criteria for costs, expenses and losses; (4) adopt effective and legal methods to extend tax abatement period. The recommendations for future research directions are: (1) comparison of unified Chinese income tax for domestic and foreign enterprises and Taiwanese business profit tax; (2) comparison study on the actual tax bearing on both sides of the Strait; (3) case study on successful and unsuccessful investments in China by Taiwanese investors. The data can be analyzed and summarized and can be used as lessons learned and reference for Taiwanese investors to make future investments in China.